DESH SOREN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants Desh Soren and Sagar Soren were convicted under Section 302/ 34, Indian Penal Code for committing murder of their uncle Dandu Soren in furtherance of the common intention of them both and sentenced to suffer imprisonment for life each and also to pay fine of Rs. 2,000/- each, in default, rigorous imprisonment for another year by the learned Sessions Judge, Malda in the Sessions Trial No. 19 of 1988/Sessions Case No. 118 of 1987. The appellants set to assail the said order of conviction and sentence.

(2.) The prosecution case may briefly be stated as under: Desh Soren and Sagar Soren are residents of Goaljoi village within P.S. Bamangola. Their uncle Dandu Soren, since deceased, also lived in the same village. On 8.12.1986 between 7.30 and 8.00 a.m. Desh Sorer and Sagar Soren were cutting a Mahua tree situated on the land of Dandu Soren. When Dandu Soren protested there was quarrel between them and in course of the quarrel. Desh Soren caught hold of Dandu Soren and Sagar Soren struck him with an axe on his head. As a result Dendu Soren fell down on the ground with severe head injury. Thereafter, the victim was taken to the hospital and he succumbed to the injury on the following day, PW 1 Tarapar Murmu lodged a written First Information Report at Bamangola P.S. on 9.12.1986 at 3.30 P.M. on the basis of which police started a case under Section 302/34, Indian Penal Code against Desh Soren and Sagar Soren. PW 14 S.I. Indu Bhusan Talukdar took up investigation in the case and after completion of investigation he submitted charge-sheet against Desh Soren and Sagar Soren under Section 304/34, Indian Penal Code which in usual course ended in committal of the case of the Court of - Sessions. The defence was denial simpliciter.

(3.) In order to bring home the charge to the accused the prosecution examined 14 witnesses while the defence examined none.